Duties and rights of lot owners and occupiers
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A lot owner must comply with the:
- Owners Corporations Act 2006 (Vic) (‘OC Act’);
- Owners Corporations Regulations 2018 (Vic) (‘OC Regulations’); and
- rules of the owners corporation (s 128 OC Act).
A lot owner must give notice to the owners corporation of any application by the lot owner for a building permit or planning permit or the certification of a plan of subdivision affecting the lot (s 133 OC Act), however consent of the owners corporation is not required. The period of notice is not specified.
Under section 134 of the OC Act, both a lot owner who sells and a person who acquires a lot must advise the owners corporation within one month of completion of the contract.
A lot owner who does not occupy the lot or who will be absent for more than three months must provide the lot owners mailing address for service of notices (s 136 OC Act). The lot owner not in occupation of the lot must give a copy of the rules of the owners corporation to the occupier of the lot (s 136).
An occupier of a lot must comply with the OC Act, OC Regulations and rules of the owners corporation and must not use or neglect the common property (s 137 OC Act), but there is no provision that the lot owner reveals particulars of the occupier to the owners corporation.